Westfield council OKs short-term rental rules

The Westfield City Council approved a new ordinance Nov. 9 establishing regulations for short-term rentals, including a permit program for those business owners.

The ordinance allows the city to temporarily revoke a permit if a property owner racks up three or more citations annually for noise, parking, maintenance, etc. Councilors had delayed a vote on the issue Oct. 12 to provide time to adjust some of the language in the ordinance after it was introduced Sept. 28.

Two residents spoke Nov 9 in favor of the ordinance, stating that they each live next to different Airbnb homes that are advertised for large groups. One noted that the home’s guests have had noisy gatherings, trespassed on her property, blocked her driveway with their vehicles and made her family uncomfortable about using their own home’s outdoor space.

Ken Tucker also supports regulations of short-term rentals. He suggested the city add a regulation that the fire department inspect the homes, to make sure they’re compliant.

Westfield Fire Department Chief Robert Gaylor later told the council that state law requires that city code treat short-term rentals the same as private homes, which means the WFD can’t inspect an Airbnb unless invited to do so by the property owner.

Councilor Kurt Wanninger noted that Indiana law severely limits what the city can do about Airbnbs.

“This has probably been one of the most frustrating ordinances, how we’ve been hand-tied by our state legislation in regard to this,” he said.

Mayor Scott Willis added that, although the ordinance does include a three-strikes rule, the city will rely on neighboring residents to report violations — and the police department is getting trained on how to handle those types of complaints.

“it’s really important if you think there’s a problem, call,” he said. “That whole documentation process of three strikes and you’re out has teeth, but you’ve got to build the case. So, hang in there.”

According to the ordinance, short-term rental permits will cost property owners a one-time fee, which City Attorney Kaitlin Glazier has said follows provisions allowed in state code. The ordinance will take effect in January, giving the city and property owners time to plan.

Glazier also said the city is exploring software to keep track of code violations and to help identify which properties are listed as short-term rentals.

The ordinance requires owners of short-term rentals to provide emergency contact information and specifies prohibited activity in short-term rentals. Short-term rental property owners who do not obtain a permit before renting the property could be cited with a Class C infraction — a state violation — for each rental transaction.

Westfield council OKs short-term rental rules

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